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Court declares that Council contravened its duty
Court declares that Council contravened its duty to protect
significant natural areas
18 December 2015
The Environment Court has declared that the New Plymouth District Council contravened its duty to protect significant natural areas (SNA’s) by failing to add known SNA's to its District Plan.
Forest & Bird lawyer Peter Anderson said the case is part of a long running campaign by Forest & Bird to have significant natural areas included in the New Plymouth District Plan.
"Forest & Bird thought that the issue was resolved in 2007 when, as a result of Environment Court mediation, the Council agreed to identify SNA's and include them in the plan. However, despite identifying the SNA's, the Council did not include them in the plan. After many years trying to persuade the Council to honour its commitment to do so, Forest & Bird referred the matter back to the Environment Court," said Mr Anderson.
After a hearing in August that involved many parties including the Council, QEII Trust and a number of landowners, the Court found that there were between 326 and 361 SNA's in the district that were not included in the District Plan and that the failure to do so was a contravention of its duty to protect SNA's and the requirements of the New Zealand Coastal Policy Statement. The Court also indicated that it would consider awarding costs against the Council.
"There is a large number of SNA's not included in the District plan. Many of these are home to the most threatened plants and animals in Taranaki and should be given protection in the Plan. The Court has given a very strong signal to the Council that it needs to include rules to do so in the upcoming plan review. We will be actively involved in this process to make sure it occurs".
"The court decision also provides important guidance to other council's when fulfilling their obligations in their district plans with regard to SNA's. It confirms that Councils are required to take active steps to ensure that SNA’s are protected in District Plans," said Mr Anderson.
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